The parents of a Kentucky baby who died last fall after consuming bacteria-contaminated infant formula have become the latest to sue Abbott Nutrition, the company at the center of a 2022 crisis that left millions of American families struggling to feed their children.
Willow Jade Dellaquila, from Carrollton, Kentucky, was just 13 days old when she passed away on November 5, 2023. She had been infected with cronobacter sakazakii, a deadly bacterium traced back to a can of Similac Total Comfort powdered formula used in her bottles, according to records.
“They told me she had a stroke on the right side of her brain,” said Willow’s mother, 25-year-old Cheyenne Ping, in an interview. “It’s really heartbreaking. No one should have to go through this.”
A judge in Illinois ruled on Wednesday that Ping and Willow’s father, 26-year-old Christian Dellaquila, can proceed with a lawsuit against Abbott.
The couple initially sought to join a lawsuit with two other families whose children suffered severe brain damage caused by cronobacter linked to a different Abbott powdered formula, Similac Neosure. Six-week-old Mira White from Missouri was infected with cronobacter in March 2023, while four-week-old Ryker Brown from Illinois contracted the bacteria in July 2021. Both children survived.
However, the judge instructed that the three cases be filed separately, leaving open the possibility that they might be consolidated later.
The original lawsuit, filed in December, targets Abbott, whose Sturgis, Michigan, plant was shut down for months in 2022 following reports of infant illnesses and deaths. U.S. Food and Drug Administration (FDA) inspectors discovered “shocking” conditions, including the presence of cronobacter, which led to recalls and sparked a formula shortage that persisted for over a year.
Willow had consumed formula manufactured at the Sturgis plant and purchased from a local Walmart more than a year after Abbott was placed under court-mandated FDA oversight, according to The Associated Press. Ryker and Mira had consumed formula produced at Abbott’s Casa Grande, Arizona, plant, which was also the subject of a whistleblower complaint about hazardous conditions.
Documents obtained by the AP reveal that an April 2023 FDA inspection of the Arizona facility uncovered lapses in contamination-prevention protocols, multiple detections of cronobacter, and nearly two dozen complaints of confirmed infections in infants who had consumed formula made there. Abbott officials, however, maintain that no link has been established between the illnesses and their formula.
The lawsuits accuse Abbott of negligence, fraud, and failing to warn parents of the potential dangers of powdered formula, with each family seeking at least $450,000 in damages.
Abbott officials assert that there is no proven connection between their products and the infections, including those cited in the lawsuit. They note that every can of Similac includes a warning that the product is not sterile and should not be given to premature infants or those with compromised immune systems unless directed by a doctor.
“No sealed, distributed product from our facilities has tested positive for Cronobacter sakazakii, and we don’t believe these claims have merit,” Abbott officials said in an email on Wednesday.
In a court filing, Abbott argued that the cases were not connected, as they occurred at different times, in different states, and involved different types of formula.
“The fact that each infant experienced a Cronobacter infection (months or years apart) is of no moment,” the company stated.
These cases highlight the challenges regulators and health officials face in monitoring bacteria like cronobacter, which are ubiquitous but difficult to detect and trace.
Cronobacter bacteria are common in nature, including in water and soil, and are also found in home kitchens. They can contaminate large factories, where they may linger on equipment and in the environment. The bacteria’s prevalence makes it difficult to determine when it might have entered the formula cans.
Evidence of cronobacter was found in open cans of Abbott formula in the homes of Willow and Mira, and was confirmed to be the cause of their infections, according to documents. However, the same strains were not detected in sealed cans or at Abbott’s facilities, according to federal officials. How Ryker became infected remains unclear.
This doesn’t rule out contamination, says Barbara Kowalcyk, director of the Center for Food Safety and Nutrition Security at George Washington University. She notes that cronobacter cells tend to clump in dry foods like formula, making detection unreliable.
“If you get negative test results, it doesn’t tell you as much as a positive test result does,” Kowalcyk explained. “If you get a positive, you’ve got a big problem. If you get a negative, you don’t know what’s going on.”
This complicates efforts to detect and prevent cronobacter infections, which are particularly dangerous to newborns and premature babies. These infants are especially vulnerable because their immune systems are not fully developed, allowing the bacteria to move from the gut to the bloodstream and then to the brain, where it can cause devastating effects.
The U.S. Centers for Disease Control and Prevention (CDC) typically receives two to four reports of cronobacter infections each year, though the actual number is likely higher. In 2023, the CDC received reports of four infections, including those of Willow and Mira, as well as an unidentified baby in Maryland who developed meningitis after consuming Similac Advance powdered formula made by Abbott.
The CDC began formally tracking cronobacter infections this year, and so far, one confirmed case has been reported. The agency noted that powdered infant formula is the most common source of these infections in babies.
The 2022 Abbott crisis led Congress and federal investigators to criticize the FDA’s oversight of infant formula. A June audit found that the agency took 15 months to respond to a whistleblower complaint about the Sturgis plant and lacked safeguards to prevent deadly infections.
In response, the FDA has revamped its oversight, creating a new human foods program and changing how officials respond to contamination reports. The agency said in a statement that the audit represents “a snapshot in time” and that it is continuing to make progress.
Jim Jones, head of the new program, said that inspection issues, consumer complaints, and whistleblower reports will now be routed to a single office, which will help the FDA respond more quickly to potential problems.
But for Willow’s family, these changes come too late. Ping, who received the formula through her state’s WIC program for low-income families, said she was unaware that powdered formula could contain harmful bacteria.
She said her family decided to file a lawsuit to hold Abbott accountable and to raise awareness about the dangers of powdered formula.
“Parents need to know that powdered formula is not sterile,” Ping said. “It just needs to be out there. It needs to be known.”
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